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Hunter Warfield won't respond

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nativenyer
Frequent Contributor

Hunter Warfield won't respond

Hunter Warfield clearly won't respond to my DV letter.  This debt is from 4/2009 for $4575.  Should I contact the OC and see if we can work something out?  I want to buy a house next year and I'm sure they will want me to have this collection paid for before I'm approved for a mortgage.  Also, the SOL on this account has expired in my state.  Just trying to get rid of this unpaid collection.  Any advice out there?  This agency is for the birds!

Message 1 of 7
6 REPLIES 6
RobertEG
Legendary Contributor

Re: Hunter Warfield won't respond

The DV process is a debt collection practices provision of the FDCPA intented to relieve consumers of active collection by a debt collector until they have provided the consumer basic information regarding the collection, such as a statement that they have obtained verification of the debt,  the name of the current creditor, amount of the debt, and if additioally requuested, the name of the original creditor.  A DV must be timely in order to invoke a cease collection bar, meaning it is sent prior to receipt of any dunning notice, or within 30 days of recepit of a dunning notice.  If untimely, it invokes no requirement on the debt collector.

 

It is not a process that compels the debt collector to provide the requested information.  Their "penalty" for not responding is that they must cease collection on the debt until they have done so.

 

Whether or not to pursue payment through the OC or debt collector depends upon several factors.

Does the OC still own the debt, and the debt collector is merely their assigned collection agent?  If so, either can accept payment.

 

If the OC still owns the debt and is willing to take payment, you could pay through them.  That will require the OC to promptly notify the debt collector that the debt has been paid, thus terminating the collection, and requiring the debt collectot to close their collection and update its status to $0 under collection.

It does not require the debt collector to delete their reportting.  You can ask the OC to contact their assigned debt collector and delete the collection, but the OC cannot require them to do so.

 

You can also, rather than just paying the OC, make then a PFD offer, which, if accepted, would result in deletion of derogs reported by the OC.

Usually not as beneficial score-wise as deletion of a collection, but nonetheless removes reported OC derogs.

 

Alternately, if you pay the debt collector, you can offer payment in direct exchange for their agreement to delete their collection.  Since it is their reporting, their agreement is binding.  If they accept payment, they must then notify the OC that the debt has been satisfied, requiring the OC to update their reported debt balance to $0.

That course, if accepted, will result in both satisfaction of the debt and possible score improvement based on deletion of the reported collection.

 

 

Message 2 of 7
nativenyer
Frequent Contributor

Re: Hunter Warfield won't respond

Thanks for the advice. I will just save the money and offer a PFD. Hopefully, they will delete but I just don't want an unpaid collection to stop me from being approved for a mortgage.
Message 3 of 7
nativenyer
Frequent Contributor

Re: Hunter Warfield won't respond

Strangely, I see the account has been removed from Experian online report. I get it for free due to a hacking scandal in my state. What is strange, though, is that I've disputed this account with Equifax. The online report for EQ today still shows the account. Any ideas about what is happening?
Message 4 of 7
rckstrscott
Valued Contributor

Re: Hunter Warfield won't respond


@nativenyer wrote:
Strangely, I see the account has been removed from Experian online report. I get it for free due to a hacking scandal in my state. What is strange, though, is that I've disputed this account with Equifax. The online report for EQ today still shows the account. Any ideas about what is happening?

No idea. But Hunter Warfield is very difficult to work with... they rarely, rarely do PFDs... Actually, I haven't seen one case of PFD-- I was able to get them on a DOFD techincality -- so check your documentation extreeeeeemely carefully because it might be your only chance.. and they never relented, I had to go to the CFPB to get it deleted from the CRA's, only with compelling evidence and AFTER I paid it.

 

I am guessing this is for an eviction, since that is primarily what they deal with -- if so, was their a judgment tied to it prior to collection? After collection?

 

-scott

Starting FICO Score: October 2010: TU 498 | EQ: 502
Current FICO Scores:: May 2022: TU: 784 | EQ: 770 | EX: 790
Message 5 of 7
nativenyer
Frequent Contributor

Re: Hunter Warfield won't respond

There wasn't any judgement and the SOL expired a year ago. In fact, they haven't updated in about two years. I did a dispute about the amount but probably should have done a DoFD instead. I've heard they are difficult to deal with.
Message 6 of 7
nativenyer
Frequent Contributor

Re: Hunter Warfield won't respond

Update!

I disputed the 2 HW accounts only with EQ. I thought this might get them to respond. Well, EQ deleted the $4000 account but verified the $150 account. In fact, the more costly account is also removed from my TU and EX reports also.

I'll just pay the remaining account and later try to GW it.
Message 7 of 7
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